Vancouver police board to vote on "clearer guidelines" for seizing cameras from citizens, media

by Carlito Pablo on June 15th, 2009 at 1:04 PM

The Vancouver Police Department’s planning, research and audit section has proposed “clearer guidelines” regarding police seizures of camera equipment from media practitioners and citizens.

The suggested changes to the VPD’s regulations and procedures manual will be taken up at the Wednesday (June 17) meeting of the Vancouver police board chaired by Mayor Gregor Robertson.

The recommended amendments come in the wake of a complaint filed on April 7 this year by the B.C. Civil Liberties Association that sought clarification on the VPD’s policy on seizing cameras.

The complaint was in reaction to these three incidents.

”¢ In December 2007, a Channel M videographer alleged that he was detained for several hours and had his camera seized after he filmed police activity after a police shooting in Vancouver.

”¢ In March 2009, Adam Smolcic alleged that a Vancouver police officer took his cellphone and erased video he had taken of the police shooting of homeless man Michael Hubbard.

”¢ In April 2009, a Province photographer claimed he was threatened with a criminal charge and assaulted when he refused to turn his camera over to police after taking pictures following a police shooting.

The staff report going to the police board meeting stated that it is necessary to include in the regulations and procedures manual that, like the media, the “public also has the same right to film or photograph in a public place”.

The report outlined that the police can seize camera equipment under the following conditions:

1. With consent;
2. As an incident to lawful arrest;
3. Pursuant to a Search Warrant obtained under s. 487 of the Criminal Code; and
4. In circumstances where grounds for obtaining a Search Warrant exist, however, it would be impracticable for the police to obtain one based on “exigent circumstances,” police have the authority under s. 487.11 of the Criminal Code and Common Law to seize evidence without warrant.

It also proposed the following procedures when a police officer arrives at a crime scene where a citizen or a member of the press is photographing or videotaping, and there is reason to believe the incident may have been captured:

1. Ask the citizen for consent to seize the equipment;
2. If the citizen refuses, attempt to determine whether the person can be located to be served a search warrant, and whether there are concerns that the evidence may be destroyed. If there are no such concerns, obtain the person’s contact information, ask them to secure the evidence, and advise them that a follow up investigator will contact them, and that a search warrant may be applied for.
3. If there are reasonable grounds to believe that the person may not be locatable or will destroy the evidence, seize the equipment under the authority provided to police pursuant to exigent circumstances. A search warrant is not required later to search the seized item.
4. When items are seized pursuant to the authority provided to police for exigent circumstances, members must ensure that the reasons for the seizure are fully documented in the GO report, just as they would have been in an Information to Obtain, had it been practicable to obtain a search warrant.
5. In situations where persons identify themselves as media personnel, members shall not seize their photographic equipment unless there is an imminent public safety issue involved, or there are reasonable grounds to believe the evidence will be made unavailable to police (e.g., hidden or destroyed). If there are no such concerns, members shall obtain the media person’s contact information, ask them to secure the evidence, and advise them that a follow up investigator will contact them and that a search warrant may be applied for.

Comments

7 Comments

i

Jun 15, 2009 at 7:36pm

Canadian Charter of Rights and Freedoms s. 8. "Everyone has the right to be secure against unreasonable search or seizure." -- Deserves a mention don't you think?

Who gets to define "media personnel"? Is self identity enough? As we are seeing in Iran today it is no longer mass media, but media from the masses.

Bruce Dean

Jun 16, 2009 at 9:57am

If you believe anything about photographers rights from the article above - I've got some ocean front property in Arizona that you may be interested in, and - please - let me photograph you when you attempt to stand up for your rights.

The police say one thing- but here's what they do:

The police do not need a search warrant to seize your camera.

The police can seize your camera and erase/destroy images if the want.

The above is supported in writing by the Victoria Police, The City of Victoria, and The Police Complaints Commission.

...and here is the proof.

"Although Cst. Hynes had the power to seize Dean's entire camera, it appears that he inconvenienced Dean less by simply deleting the images in question and then returning the camera to him."
(The Office of the Police Complaints Commissioner)

...and if you file a complaint against the police with the Office of the Police Complaints Commissioner, you will be constantly harassed and threatened by the police - you will be illegally searched - and you will be ignored by the media unless you work for a major newspaper.

"Sgt. Sawyer located numerous concerning photographs in your internet collection..."
(The Victoria Chief of Police)

The Police and the media have turned my Charter Rights into a bad joke, on me.

http://www.flickr.com/photos/brucedean/3530407552/

visigoth

Jun 17, 2009 at 12:29am

Exactly what were the photographs of, and were they taken by the photographer with consent? Or was it some paparazzi bush league activity?

Nothing is ever truly deleted anyway, unless you destroy the media physically, or use a wiping program that I doubt the cops carry around with them.

BlueBerry Pick'n

Jun 17, 2009 at 1:45pm

how DARE citizens ACTUALLY DOCUMENT the actions of their PAID community peace officers in action!

how DARE citizens function as their own media outside the influence of corporate pressures & advertisers!

how DARE Canadians believe they live in a FREE democracy!

somebody: isn't it time that Canadians stood up & stopped letting the US 'might makes right' culture eat up our municipal ethics & policies?

isn't it time CANADIANS reminded our politicians that we're not chickenshit xenophobic gringos, cringing under our beds that 'somebody is out to get us for our militarized empire of corporate abuses'

COME ON CANADA, COME ON VANCOUVER:
show the World that Canada stands for freedom & Truth & human rights!

perspective, people.

Perspective.

<a href="http://www.thejefffariasshow.com/">The Jeff Farias Show</a>: streams FREE & LIVE Mon-Fri, 6-9pmEDT
A truly *international* talkshow, for the 'boots-on-the-ground' activist!

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Mike Cantelon

Jun 17, 2009 at 4:52pm

Hi Bruce. Pretty eye-opening quotes from the Police Complaints Commission. We sorely need an independent complaints process. The lack of an independent complaints process makes this sort of abuse of power inevitable.

OldGeek

Jun 17, 2009 at 6:56pm

I have photographed those TransLink anti-terror ads, in buses and elsewhere. I was eyed like I was some crazed, bomb-throwing anarchist. I can't tell for sure, but I think I may have been observed and followed after my photography. This society needs to go down. It's too broken to fix in any meaningful way. As the taoists say, why fix a broken wall; why not just push it down, and then make a new one, if there really is a need for one. We live on the backs of others around the world. We fear for our lifestyles and greed. The cops and their idiotic attitudes are merely a tiny symptom of our societal terminality. Any self-expression may be regarded as dangerous, as the photographer in the associated news story may attest.